*
substantially in the foreseeable future.
18.
A criminal or disciplinary offence committed by a police officer against a private person may come to light through a complaint made by that person or someone acting on his behalf or by an internal investigation within the Force. Police General Orders provide a system of enquiry into complaints against the Police Force or a member of the Force. Under these Orders a "Complaints and Internal Investigations Branch" is established under the "Inspection Services Wing" of the Force. The Department is commanded by a Senior Assistant Commissioner of Police, and the Inspector Services Wing is headed by an Assistant Commissioner who reports directly to the SACP, The officer in charge of the Complaints and Internal Investigations Branch is a Chief Superintendent of Police and the Branch is divided into a "Complaints" office and an "Internal Investigations" office. Since the First Report the 'UMELCO Police Group' has been expanded and re-established with effect from January 1986 as the 'Police Complaints Committee'. The Committee is headed by three OMELCO members and includes nine Justices of the Peace, all of whom are appointed by the Governor. The Attorney General is a co-opted member and the only government representative on the Committee. The Committee is an independent monitoring body with its own secretariat and its own head of expenditure. Its terms of reference are similar to those of its predecessor, the 'UMELCO Police Group', as set out in the First Report.
19.
The right, not to be subjected to medical or scientific experimentation without a person's free consent is protected both by the criminal law and by the civil law. A medical practitioner requires the consent of a conscious patient before rendering treatment or examining a patient so as to avoid the risk of an action for assault or in trespass. Where a person is below the age at which he can understand the nature of the procedure to which he is consenting or the consequences of the consent, the person cannot alone consent, In these cases, the person or persons who have guardianship of the patient may give consent. In the case of emergencies: where it is necessary to administer treatment including emergency surgery in order to save life or prevent serious injury to health, consent is not necessary. In actual practice consent is always sought wherever possible. Only in cases where no consent can be obtained will the decision to carry on with the operation or medical treatment be left to the clinical judgement of the attending doctor. In such cases a second opinion from another doctor is always obtained before proceeding with any form of treatment. If the act which gives rise to the complaint was in direct contradiction of a refusal to consent and totally against the reasonable wishes of the patient, the court may award exemplary damages in addition to any special damages alleged and proved.
20.
The Medical (Therapy, Education and Research) Ordinance, Chapter 278, provides that prior consent of a deceased person and his next of kin is required before removal of any part from his body for therapeutic purposes and for the purposes of medical education and research.
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